GTC
General Terms and Conditions
for the online shop at the URL
operated by
moviba GmbH
Am Sägewerk 1b
51789 Lindlar
Email: info@moviba.de
Phone number: 022669489567
– hereinafter referred to as provider –
1. Scope
1.1 These General Terms and Conditions (GTC) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online store at the URL listed above, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business entity is any natural or legal person, or partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into the contract.
2. Conclusion of the contract
2.1 The offers in the online shop constitute a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 Goods are ordered via the supplier’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the supplier accepts the customer’s offer. Acceptance occurs when the supplier confirms the conclusion of the contract in writing or text form (e.g., by email) and this order confirmation is sent to the customer, or when the supplier delivers the ordered goods and these goods are sent to the customer, or when the supplier requests payment from the customer (e.g., invoice or credit card payment during the ordering process) and the payment request is sent to the customer; the decisive factor for the time of the conclusion of the contract is the point in time at which one of the alternatives mentioned in the first clause first occurs.
2.3 The customer is bound by the order for five days from the date the provider receives it. If the provider does not accept the order within this period, the customer is no longer bound by the offer; in this case, any payments already made will be refunded immediately.
2.4 Before submitting a binding order via the provider’s online order form, the customer may review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted, and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.
2.5 The Provider will save the text of the contract after the contract is concluded and send it to the Customer in writing (e.g., by email). The Provider will not make the text of the contract available in any other way.
2.6 The following language is available for entering into the contract: German.
3. Right of Withdrawal or Cancellation for Consumers
3.1 Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. Details can be found in the withdrawal policy, which is provided to each consumer no later than immediately before the contract is concluded.
3.2 Consumers whose habitual residence is in Austria are entitled to a corresponding right of withdrawal under the Austrian Distance and Off-Premises Sales Act (FAGG). This right is exercised in accordance with the cancellation policy; the information provided therein regarding the deadline, form, and costs of the return applies accordingly.
4. Prices and Payment
4.1 The prices listed in the online store at the time of the order apply. All prices are final and include the applicable sales tax; shipping costs, if any, are added separately. The shipping costs applicable to the respective delivery are displayed to the customer before the order is placed. The customer is informed about the available payment options in the provider’s online store.
4.2 If “prepayment” is agreed upon, the purchase price is due immediately after conclusion of the contract.
4.3 If “SEPA Direct Debit” has been agreed upon, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed of when to expect the agreed-upon purchase price to be debited (pre-notification). The direct debit will not be processed before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank account information, or for other reasons attributable to the customer, the customer shall bear any chargeback fees that may apply, provided the customer is responsible for the failure of the direct debit. The amount of the fees is limited to the costs actually incurred by the provider.
4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.5 If payment via “PayPal” is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If “instant bank transfer” is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.7 If “Apple Pay” is selected as the payment method, payment processing is handled by the payment service provider Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.
4.8 If “Google Pay” is selected as the payment method, payment processing is handled by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon conclusion of the contract.
4.9 If “VISA” is selected as the payment method, payment processing is handled by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately upon conclusion of the contract.
4.10 If “Klarna” is selected as the payment method, payment processing is handled by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g., installment purchases, purchase on account). Unless otherwise specified, payment is due immediately upon conclusion of the contract.
4.11 If the customer defaults on payment, the statutory provisions shall apply. With respect to consumers, reminder and collection costs will be charged only in the amount actually incurred, to the extent necessary for appropriate legal action, and in a reasonable amount.
5. Retention of title
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6. Delivery, Delivery Restrictions, and Reservation of the Right to Obtain Supplies
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 The Provider ships to the countries that can be selected during the ordering process. Shipping to other countries is not possible; this does not affect the option to pick up the order at the Provider’s headquarters.
6.3 For shipments handled by a freight forwarder, delivery is made “curbside” unless otherwise agreed. This refers to delivery to the public curb nearest the specified delivery address.
6.4 The Seller may withdraw from the contract if, through no fault of its own, it is unable to deliver the ordered goods because its supplier has failed to deliver them in spite of a specific and binding order placed prior to the conclusion of the contract, and if obtaining a replacement is either impossible or unreasonable. The Provider bears the procurement risk to the extent that it has expressly assumed it or to the extent that the goods were listed as in stock in the online store. The seller will immediately inform the customer of the unavailability and will promptly, and no later than within 14 days, refund any payments already made in full. The customer’s statutory claims, in particular claims for damages, remain unaffected.
7. Pre-orders and Deposits
7.1 For goods marked as “available for pre-order” in the online store, the seller may require a deposit. The amount of the deposit will be displayed to the customer before the order is placed.
7.2 The down payment will be credited in full toward the purchase price. The balance is due upon pickup or prior to shipment of the goods.
7.3 Delivery dates specified for pre-orderable goods are estimated dates, unless they are expressly designated as binding. If delivery is delayed, the provider will notify the customer immediately. The customer’s statutory rights in the event of a delay—in particular the right to rescind the contract after setting a reasonable grace period—remain unaffected.
7.4 If the customer effectively withdraws from the contract or exercises their right of rescission or withdrawal, the down payment will be refunded in full and without delay. No portion of the down payment will be withheld.
8. Warranty
8.1 The provisions of the statutory warranty for defects apply. The customer is entitled to the full scope of statutory warranty rights; for consumers, these rights are neither limited nor excluded.
8.2 For consumers whose habitual residence is in Austria, the mandatory provisions of the Austrian Consumer Warranty Act (VGG) and the Austrian Civil Code (ABGB) apply.
8.3 A warranty that extends beyond the statutory warranty applies only to the extent that it is expressly granted in the respective product description or in separate warranty terms. Statutory warranty rights are not limited by a warranty.
9. Liability and Indemnification
9.1 The provider has unlimited liability:
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g., under the Product Liability Act).
9.2 In all other respects, the Provider is liable to consumers in accordance with the statutory provisions. There is no limitation on liability toward consumers.
9.3 The following applies additionally to business customers: If the Provider breaches a material contractual obligation through slight negligence, liability is limited to foreseeable damages typical for this type of contract. Essential contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely. In all other respects, liability to business entities for slight negligence is excluded.
9.4 If the customer is a business, the customer shall indemnify the provider against any claims by third parties asserted against the provider as a result of the customer’s unlawful or breach-of-contract actions. With respect to consumers, only the statutory provisions shall apply in this regard.
10. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider’s privacy policy.
11. Final Provisions
11.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall apply to consumers only to the extent that it does not deprive the consumer of the protection afforded to him or her by the mandatory provisions of the law of the country in which he or she has his or her habitual residence.
General Terms and Conditions
for the online shop at the URL
operated by
moviba GmbH
Am Sägewerk 1b
51789 Lindlar
Email: info@moviba.de
Phone number: 022669489567
– hereinafter referred to as provider –
1. Scope
1.1 Upon their incorporation, these General Terms and Conditions (GTC) apply to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online store at the URL listed above, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity. A business entity is any natural or legal person, or partnership with legal capacity, that acts in the course of its commercial or self-employed professional activity when entering into the contract.
2. Conclusion of the contract
2.1 The offers in the online shop constitute a non-binding invitation from the provider to the online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 Goods are ordered via the supplier’s online order form. After selecting the desired goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the supplier accepts the customer’s offer. Acceptance occurs when the supplier confirms the conclusion of the contract in writing or text form (e.g., by email) and this order confirmation is sent to the customer, or when the supplier delivers the ordered goods and these goods are sent to the customer, or when the supplier requests payment from the customer (e.g., invoice or credit card payment during the ordering process) and the payment request is sent to the customer; the decisive factor for the time of the conclusion of the contract is the point in time at which one of the alternatives mentioned in the first clause first occurs.
2.3 The customer is bound by the order for five days from the date the provider receives it. If the provider does not accept the order within this period, the customer is no longer bound by the offer; in this case, any payments already made will be refunded immediately.
2.4 Before submitting a binding order via the Provider’s online order form, the Customer may review their entries and correct them at any time using the standard keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted, and can also be corrected there using the standard keyboard, mouse, touch, or other available input functions.
2.5 The Provider will save the text of the contract after its conclusion and send it to the Customer in writing (e.g., by email). The Provider will not make the text of the contract available in any other way.
2.6 The following languages are available for entering into a contract: German and English. The language version of these Terms and Conditions used during the ordering process shall be the governing version.
3. Right of Withdrawal or Cancellation for Consumers
3.1 Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. Details can be found in the withdrawal policy, which is provided to each consumer no later than immediately before the contract is concluded.
3.2 Consumers whose habitual residence is in Austria are entitled to a corresponding right of withdrawal under the Austrian Distance and Off-Premises Sales Act (FAGG). This right is exercised in accordance with the cancellation policy; the information provided therein regarding the deadline, form, and costs of return applies accordingly.
4. Prices and Payment
4.1 The prices listed in the online store at the time the order is placed apply. All prices are final and include the applicable sales tax; shipping costs, if any, will be added. The shipping costs applicable to the respective delivery will be displayed to the customer before the order is placed. The customer will be informed about the available payment options in the provider’s online store.
4.2 If “prepayment” is agreed upon, the purchase price is due immediately after conclusion of the contract.
4.3 If “SEPA Direct Debit” has been agreed upon, payment is due immediately upon conclusion of the contract. Before the purchase price is debited, the customer will be informed of when to expect the agreed-upon purchase price to be debited (pre-notification). The direct debit will not be processed before this pre-notification is received and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank account information, or for other reasons attributable to the customer, the customer shall bear any chargeback fees that may be incurred, provided that the customer is responsible for the failure of the direct debit. The amount of the fees is limited to the costs actually incurred by the provider.
4.4 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.5 If payment via “PayPal” is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.6 If “instant bank transfer” is agreed upon, the purchase price is due immediately upon conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.7 If “Apple Pay” is selected as the payment method, payment processing is handled by the payment service provider Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately upon conclusion of the contract.
4.8 If “Google Pay” is selected as the payment method, payment processing is handled by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately upon conclusion of the contract.
4.9 If “VISA” is selected as the payment method, payment processing is handled by Visa Europe Services Inc., London Branch, 1 Sheldon Square, London W2 6TT, United Kingdom. Payment is due immediately upon conclusion of the contract.
4.10 If “Klarna” is selected as the payment method, payment processing is handled by Klarna AB, Sveavägen 46, 111 34 Stockholm, Sweden. Klarna offers various payment methods (e.g., installment plans, purchase on account). Unless otherwise specified, payment is due immediately upon conclusion of the contract.
4.11 If the customer defaults on payment, the statutory provisions shall apply. With respect to consumers, reminder and collection costs will be charged only in the amount actually incurred, necessary for appropriate legal action, and reasonable.
5. Retention of title
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6. Delivery, Delivery Restrictions, and Reservation of the Right to Supply Ourselves
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 The Provider ships to the countries that can be selected during the ordering process. Shipping to other countries is not possible; this does not affect the option to pick up the order at the Provider’s headquarters.
6.3 For shipments handled by a freight forwarder, delivery is made “curbside” unless otherwise agreed. This refers to delivery to the public curb nearest the specified delivery address.
6.4 The Seller may rescind the contract if, through no fault of its own, it is unable to deliver the ordered goods because its supplier has failed to deliver them in spite of a specific and binding order placed prior to the conclusion of the contract, and if obtaining a replacement is either impossible or unreasonable. The Provider bears the procurement risk to the extent that it has expressly assumed it or to the extent that the goods were listed as in stock in the online store. The Provider will immediately inform the customer of the unavailability and will promptly refund any payments already made in full, no later than within 14 days. The customer’s statutory claims, in particular claims for damages, remain unaffected.
7. Pre-orders and Down Payments
7.1 For goods marked as “available for pre-order” in the online store, the provider may require a deposit. The amount of the deposit will be displayed to the customer before the order is placed.
7.2 The down payment will be credited in full toward the purchase price. The remaining balance is due upon pickup or prior to shipment of the goods.
7.3 Delivery dates specified for pre-orderable goods are estimated dates, unless they are expressly designated as binding. If delivery is delayed, the provider will notify the customer immediately. The customer’s statutory rights in the event of a delay—in particular, the right to rescind the contract after setting a reasonable grace period—remain unaffected.
7.4 If the customer effectively withdraws from the contract or exercises his or her right of withdrawal or cancellation, the down payment will be refunded in full and without delay. No portion of the down payment will be withheld.
8. Warranty
8.1 The provisions of the statutory warranty for defects apply. The customer is entitled to the full scope of statutory warranty rights; for consumers, these rights are neither limited nor excluded.
8.2 For consumers whose habitual residence is in Austria, the mandatory provisions of the Austrian Consumer Warranty Act (VGG) and the Austrian Civil Code (ABGB) apply.
8.3 A warranty that extends beyond the statutory warranty applies only to the extent that it is expressly granted in the respective product description or in separate warranty terms. Statutory warranty rights are not limited by a warranty.
9. Liability and Indemnification
9.1 The provider has unlimited liability:
- for damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- based on a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g., under the Product Liability Act).
9.2 In all other respects, the Provider is liable to consumers in accordance with the provisions of law. There is no limitation on liability toward consumers.
9.3 The following applies additionally to business customers: If the Provider breaches a material contractual obligation due to slight negligence, liability is limited to foreseeable damages typical for this type of contract. Essential contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party may reasonably rely. In all other respects, liability to business entities for slight negligence is excluded.
9.4 If the customer is a business, the customer shall indemnify the provider against any claims by third parties asserted against the provider as a result of the customer’s actions that violate the law or the contract. With respect to consumers, only the statutory provisions shall apply in this regard.
10. Data Protection
The provider treats the personal data of its customers confidentially and in accordance with statutory data protection regulations. Further details can be found in the provider’s privacy policy.
11. Final Provisions
11.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall apply to consumers only to the extent that it does not deprive the consumer of the protection afforded to him or her by the mandatory provisions of the law of the country in which he or she has his or her habitual residence.
11.2 Consumers whose habitual residence is in Austria are additionally protected by the mandatory provisions of Austrian law, in particular the Consumer Protection Act (KSchG), the Distance and Off-Premises Sales Act (FAGG), and the Consumer Warranty Act (VGG). To the extent that any provisions of these Terms and Conditions deviate from these mandatory provisions to the detriment of the consumer, the mandatory provisions of Austrian law shall apply.
11.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive venue has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The company’s registered office is specified in the heading of these Terms and Conditions.
11.4 The statutory places of jurisdiction apply to consumers. For consumers residing in Austria, § 14 of the Consumer Protection Act (KSchG) remains unaffected: Lawsuits against them may only be filed with the court within whose jurisdiction their place of residence, habitual residence, or place of employment is located.
11.5 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
12. Information on Consumer Arbitration
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the header of these Terms and Conditions.
11.3 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the provider’s place of business shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The company’s registered office is listed in the header of these Terms and Conditions.
11.4 The statutory places of jurisdiction apply to consumers. For consumers residing in Austria, § 14 of the Consumer Protection Act (KSchG) remains unaffected: Lawsuits against them may only be filed with the court within whose jurisdiction their place of residence, habitual residence, or place of employment is located.
11.5 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
12. Information on Consumer Arbitration
The provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these terms and conditions.